Tag Archives: A-F

TEA releases final accountability ratings before A-F

The Texas Education Agency (TEA) released the final 2017 academic accountability ratings this week for school districts and campuses. This represents the last time in which districts and campuses will be graded under the “met standard/improvement required” system, which is scheduled to be replaced by the new “A through F” accountability system.

More than 1,200 districts and charters and more than 8,600 campuses were graded. In total, 95.4 percent met standard or met alternative standard, and just 3.5 percent were labeled “improvement required” and subject to potential interventions. A final 1.1 percent of districts and charters were listed as “not rated.”

Just 26 of 1,023 school districts, or 2.5 percent, were labeled “improvement required.” A total of 16 out of 180 charters, or 8.9 percent, were labeled “improvement required.” According to the 2017 numbers, charters were more than three times as likely as districts to fail to meet academic standards.

The new “A through F” accountability rating system is scheduled to go into effect in 2018. Under House Bill (HB) 22, schools will receive grades of A, B, C, D, or F in each of three academic domains, as well as an overall letter grade. Districts and charters will receive their first “A through F” grades beginning with the 2017-18 school year, while campuses will still be graded on the “met standard/improvement required” scale. Individual campuses will begin receiving “A through F” letter grades in the 2018-19 school year.

The agency is still in the process of making rules for the “A through F” system, and ATPE continues to represent educators’ perspectives in discussions with rulemakers regarding the system’s implementation. The full 2017 accountability report for districts, charters and campuses can be found on the TEA website.

ATPE’s Wrap-Up of the 85th Legislature’s Regular Session

ATPE at the Capitol squreWhile navigating challenges both new and familiar, and with the support of our members, ATPE has continued to fight for the rights of educators, teachers, and parents and to fend off threats to public education in the great state of Texas. This year, many ATPE members took swift and decisive action to protect their rights by calling, writing, and visiting members of the legislature (on more than one occasion) to inform their elected officials of the issues most important to Texas educators.

The 85th Legislature’s regular session was long and arduous, but ATPE persisted in keeping public tax dollars out of private institutions—despite strong pushes from some lawmakers, the lieutenant governor, and outside lobbying groups to do the opposite. The Texas House leadership stood with ATPE, the vast of majority of parents, and the education community to fight vouchers and champion improvements to Texas’s school finance system. Both chambers engaged in meaningful conversations about improving school accountability and reducing the emphasis on standardized testing.

Despite the numerous challenges presented during the 85th regular session of 2017, ATPE rose to the occasion and continued on our mission to provide every child equal opportunity to receive an exemplary education. Below are some highlights from this year’s regular legislative session.

Progress on ATPE’s Legislative Priorities for the 85th Legislature

  1. School Funding
  2. TRS and Healthcare
  3. Saving Payroll Deduction
  4. Stopping Privatization
  5. Promoting Educator Quality
  6. Reducing Standardized Testing
  7. Addressing Regulatory Exemptions
The ATPE Lobby Team

Members of the ATPE Lobby Team

1. School Funding: ATPE lobbied for dramatic improvements to the state’s school finance system and urged lawmakers to provide the resources necessary to allow every child in Texas access to an exemplary public education.

o  The state budget: Senate Bill (SB) 1 by Sen. Jane Nelson (R-Flower Mound)

While the House and Senate each began this session with their own versions of the budget, the bills were worked out in a conference committee and resulted in the following new state budget for the next two years:

·       Lawmakers allocated fewer state dollars to school districts under this budget, requiring local schools instead to rely more heavily on property taxes just to stay open. The decrease in state funding coupled with the elimination of ASATR (Additional State Aid for Tax Reduction) is a one-two punch for districts that are already cash strapped, especially those in rural areas, and some have already stated they will either close or consolidate under this budget. This continues a trend of legislators shifting the burden of paying for public education from the state to the local level, which results in increased upward pressure on local property taxes to make up for the reduction in state funds. Legislators must realize that our outdated school finance formulas need to be reformed, and the state must shoulder its share of the burden if our schools are to meet the demands of rapid growth in population and enrollment.

·        The TRS healthcare program for retirees faced a billion-dollar shortfall going into the next biennium under its existing and inadequate funding mechanism. Lawmakers made modest increases to state and district funding formulas, in addition to providing a relatively small amount of one-time supplemental funding from the state, in exchange for passing a TRS reform bill that shifts the majority of the shortfall to retirees through increased premiums and decreased benefits. In all, SB1 includes $480 million above what previous formula funding called for, made up of $350 million from the state and $130 million from school districts.

o  School finance reform: House Bill (HB) 21 by Rep. Dan Huberty (R-Humble)

HB 21 was the first iteration of what Chairman Huberty planned to be a two- or three-session effort to completely overhaul the state’s school funding mechanism. A testament to the volatility of this session, HB 21 began as a school finance bill supported by ATPE and most of the education community. The bill would have increased the basic allotment of funding per student, lowered the recapture rate, created a Hardship Provision Grant to soften the elimination of ASATR funding for several districts, added a formula weight for students with dyslexia, increased the Career and Technology Allotment weight (CTE), and repealed hold harmless provisions in the current law. Coupled with companion legislation in the House’s state budget proposal, HB 21 could have provided as much as $1.9 billion in additional state funding for public education.

However, once the bill passed to the Senate, Sen. Larry Taylor (R-Friendswood), Chairman of the Senate Education Committee, substituted it with language of his own that reduced the additional funding to $530 million and added in a controversial provision for vouchers for students with disabilities. This draining of public tax dollars into private entities through a proposed Educational Savings Account (ESA) voucher caused ATPE and other members of the education community to retract their support of the bill. The Senate passed the voucher-laden version of the bill on a mostly party-line vote. Sen. Eddie Lucio, Jr. (D-Brownsville), joined with all Republicans to support the bill.

The House refused to concur with the Senate’s changes to the bill, and Chairman Huberty called for a conference committee to work out the differences between each chamber’s versions of HB 21. However, over on the Senate side, Lt. Gov. Patrick and Chairman Larry Taylor declared the bill dead that same afternoon, refusing to appoint members of the Senate to participate in a conference committee. The Senate ultimately appointed conferees with just hours to spare on the last day of deliberations, but no agreement could be worked out in the few remaining hours, and the school finance bill died.

2. TRS and Healthcare: ATPE helped prevent the passage of bills that would change the defined benefit structure of TRS, raised awareness of the dramatically rising costs of educators’ healthcare programs, and helped secure additional funding for TRS-Care to prevent retired educators from losing their access to healthcare.

o  HB 3976 by Rep. Trent Ashby (R-Lufkin)

As stated above, ATPE entered the 2017 legislative session with a looming crisis for the state’s healthcare program for retired educators. Facing a $1 billion shortfall, TRS-Care was slated to run out of funding during the next biennium without urgent action by the 85th Legislature. Combining $350 million in state funds along with $130 million in support from school districts, the passage of HB 3976 helped secure $480 million in new money budgeted for TRS-Care over the next biennium. In order to maintain coverage, this bill changes the current TRS-Care plan by splitting coverage into two groups based on retirees’ ages. While the enactment of the bill means higher costs for participating retirees, it prevents the worst-case scenario: The collapse of TRS-Care in its entirety. Read a more comprehensive summary of the legislative changes here, and also read here about how the TRS Board of Trustees is now undertaking the rulemaking process to implement the changes called for by lawmakers in greater detail.

o  SB 1750 and SB 1751 by Sen. Paul Bettencourt (R-Houston)

Sen. Bettencourt’s SB 1750 and SB 1751 revived the concept of converting the TRS defined benefit pension plan to a defined contribution program in the future, making it more like a 401(k) plan or a hybrid of the two. The first bill called only for an interim study of the idea, while the second bill would have authorized TRS and ERS (the agency overseeing a similar pension plan for state employees) to create such a program as an alternative for new employees. Bills like this are a common fixture in the sessions preceding when an agency is up for its sunset review. While both bills were referred to the Senate State Affairs Committee, neither received a hearing and both proposals died. Additionally, other legislation was passed that will move back the sunset date for TRS to the year 2025.

3. Saving Payroll Deduction: ATPE fought back against anti-educator bills that would do away with payroll deduction for voluntary professional association dues.

o   SB 13 by Sen. Joan Huffman (R-Houston) and HB 510 by Rep. Sarah Davis (R-Houston)

ATPE continued to defend educators’ rights to use voluntary payroll deduction for their association dues and to fight anti-educator bills that do away with that option in an attempt to make it harder for educators to join professional groups like ours. Bills eliminating payroll deduction were identified as priorities of both the governor and lieutenant governor. ATPE members mounted strong opposition, testifying in committee and meeting with individual members of both the House and Senate to demand fair treatment. The Senate version (SB 13) of the so-called “union dues” bill passed the Senate on a party-line vote. In the House, both SB 13 and HB 510 were referred to the Committee on State Affairs but did not receive a hearing and subsequently died there.

4. Stopping Privatization: ATPE helped defeat bills aimed at creating private school voucher programs.

o  SB 3 by Sen. Larry Taylor (R-Friendswood)

Having made school choice one of his top three legislative priorities this session, Lt. Gov. Patrick used SB 3 as the main vehicle to push for vouchers in the form of both corporate tax credits for donations to private school scholarships and educational savings accounts for parents to use for their children’s private and home school expenses. The bill was voted out of the full Senate after measures were added to make the bill more palatable to rural legislators who were concerned about the impact a major subsidy would have on their districts. SB 3 passed the Senate with the support of 13 Republicans and one Democrat, Sen. Eddie Lucio, Jr. (D-Brownsville); the rest of the Senate Democrats and three Republicans, including Sen. Kel Seliger (R-Amarillo) and Sen. Robert Nichols (R-Jacksonville), voted against the bill. While Sen. Joan Huffman (R-Houston) is recorded as voting against SB 3, she cast a key vote to enable the bill to come up for consideration on the Senate floor, which paved the way for its passage. Upon being received in the House, the bill was referred to the House Public Education Committee, where it later died.

o  The Senate’s voucher amendment to HB 21

Earlier in the session, the House passed HB 21 by Chairman Dan Huberty as a school finance reform measure and the policy component intended to guide the additional money allocated to education in the House’s version of the draft budget. As we discussed above, HB 21 was vigorously debated on the House floor and passed to the Senate, where Chairman Larry Taylor (R-Friendswood) substituted the House version of the bill with his own bill demanding an ESA voucher for students with special needs. The Senate passed its substitute version of HB 21 and sent it back to the House, which refused to concur with the controversial amendments. Lawmakers were unable to agree to a final bill, and HB 21 died along with all other attempts to pass a private school voucher this session.

o  Record votes on vouchers. The House took multiple noteworthy votes against private school vouchers this session:

·        During the initial debate of SB 1—the budget bill—on the House floor, members voted 104-43 in favor of an amendment by Rep. Abel Herrero (D-Corpus Christi), Rep. Gary VanDeaver (R-New Boston), Rep. Ken King (R-Canadian), and Rep. Kyle Kacal (R-Bryan) to prohibit the use of public funds from supporting school choice programs in any form.

·        The House voted against vouchers again upon receiving the Senate’s version of the school finance bill, HB 21. The vote occurred in response to a “motion to instruct” presented by Rep. John Zerwas (R-Fulshear), a move intended to inform conference committee appointees of the desire of the body they represent while fleshing out the differences between differing bills. Chairman Zerwas filed the motion to urge House members of the conference committee to reject any voucher language in potential compromises on HB 21, and a supermajority of the House agreed. House members voted 101-45 to reject any compromises on HB 21 that would allow for ESAs, tax credit scholarships, or any other form of voucher.

·        Immediately following that vote, members squashed an alternative motion to instruct the conferees to “consider all methods of education choice and financing for special needs students.” The motion, presented by Rep. Ron Simmons (R-Carrollton), failed with members voting 47-89 against it.

o  Related legislation: The “Tim Tebow” Bill, SB 640, by Sen. Van Taylor (R-Plano)

Once again, this session ATPE helped prevent the passage of a bill that would force public schools to allow homeschooled students to participate in extracurricular UIL activities. ATPE members have long opposed the uneven playing field that would be created with allowing the participation of homeschooled students in UIL, since those students are not be held to the same academic and disciplinary standards as public school students.

5. Promoting Educator Quality: ATPE advocated for maintaining high standards for the education profession and a compensation and benefits structure that promotes educator recruitment and retention.

o  SB 1839 by Sen. Bryan Hughes (R-Mineola)

Amended several times over, SB 1839 became the catch-all for bills that had otherwise failed in the legislative process. In its original form, the bill mandated that relevant PEIMS (Public Education Information Management Systems) data be shared with educator preparation programs, gave the commissioner more rulemaking authority with regard to out-of-state certificate holders, and required educator preparation programs to include instruction on digital learning. In the final version signed by the governor, the bill also includes measures to do the following:

·        Prohibit the State Board for Educator Certification (SBEC) from requiring educator preparation programs to deliver one or more face-to-face support visits for principal, librarian, counselor, and diagnostician candidates during their clinical experience;

·        Create an early childhood through third grade teaching certificate;

·        Require additional professional development for digital learning and teaching methods; and

·        Allow long-term substitute teaching to count in lieu of minimal field-based experience hours required of certain educator candidates before entering the classroom as the teacher-of-record on a probationary certificate. This
language was originally a part of SB 1278, a bill ATPE testified against because it watered down educator preparation standards raised by SBEC during the past year. As that bill made its way through the committee process, much of the SB 1278 content was stripped away; however, this remaining portion was improved and ultimately added to SB 1839.

 

6. Reducing Standardized Testing: ATPE supported bills to reduce the role of standardized test scores in our accountability system for schools, in teacher evaluations, and in high-stakes decisions for students. 

o  SB 463 by Sen. Kel Seliger (R-Amarillo)

During the 84th regular session of the Texas Legislature in 2015, ATPE worked with Sen. Seliger to enact legislation that would provide a safe harbor for eligible high school seniors otherwise prevented from graduating due to failure of two or fewer STAAR tests. Enacted by that 2015 law that was set to expire this year, Individual Graduation Committees (IGCs) take the student’s entire academic history into account and use that to work a path to graduation. This session, we successfully worked with legislators once more to secure access to IGCs for high school students through 2019 with the passage of SB 463. 

o  HB 657 by Rep. Diego Bernal (D-San Antonio)

This ATPE-supported legislation allows ARD committees to promote special education students who have failed an exam but have otherwise met the goals of their individual education plans (IEPs). The passage of this bill provides students in special education programs with additional relief from regimented standardized testing. 

o  HB 515 by Rep. Gary VanDeaver (R-New Boston)

What started out as a bill to reduce the number of standardized tests that students are required to take lost much of its strength as amendments were added through the committee process. The bill’s focus was altered, causing it to place an emphasis on replacing state exams for high school social studies with the US Citizenship test, which would have presented problems due to a lack of alignment between the proposed test and the curriculum standards in the Texas Essential Knowledge and Skills (TEKS). The author of the bill did not concur with Senate amendments when the bill was sent back to the House, and the bill died.

 

o  HB 1333 by Rep. Jason Isaac (R-Dripping Springs)

This bill called for a reduction in the number of standardized tests taken by public school students by requiring the state to seek a waiver of federal laws that require certain tests in grades three to 12, and bringing the number of standardized tests for high school students down to the federally required minimum. The bill also called for making test scores a smaller percentage of school accountability calculations and removing standardized test scores as a facet of teacher evaluation. This bill did not make it beyond a hearing in the House Public Education Committee.

7. Addressing Regulatory Exemptions: ATPE advocated for limiting, repealing, or adding safeguards to regulatory exemptions that have been granted to some public schools, including Districts of Innovation (DOI).

Several bills were put forth this session with the goal of closing loopholes associated with the advent of Districts of Innovation (DOI). ATPE successfully advocated for a new measure of transparency under DOI:

SB 1566 by Sen. Lois Kolkhorst (R-Brenham)

Included in SB 1566, an omnibus bill pertaining to district and charter governance, is the requirement that school districts designated a DOI must post and maintain their DOI plan prominently on the school district’s website. A school district now has 15 days upon adoption to post its DOI plan or any revisions to its plan.

However, none of the following DOI bills made it to final passage:

o  HB 972 by Rep. Helen Giddings (D-Dallas)

This bill would have partly disallowed districts from exempting themselves from teacher certification laws by preventing a district from assigning most students in first through sixth grades to an uncertified teacher for two consecutive years (unless the district gets permission from parents). The bill passed the House but was not given a hearing in the Senate.

o  HB 1867 by Rep. Mary Gonzalez (D-Clint)

This bill would have removed educator certification from the exemptions available to districts under the DOI law. The bill failed to pass either chamber.

o  HB 1865 by Rep. Matt Krause (R-Fort Worth)

The bill would have removed school start date requirements from the list of eligible DOI exemptions, which would have eliminated a major enticement to districts considering DOI status. A desire to start the school year on an earlier date has been the most typical exemption sought by DOIs statewide. Despite the tourism industry vigorously lobbying in support of this legislation that would preserve a more predictable school calendar, the bill was left pending and eventually died after being heard in the House Public Education Committee.

o  HB 620 by Rep. Jeff Leach (R-Plano)

The bill would have allowed districts the option of moving the school start date to the second Monday in August, up from the fourth, and would have required instruction time measured in minutes, as opposed to days. HB 620 would have offered schools flexibility and eliminated an incentive to pursue DOI status. Like HB 1865, the bill was left pending and therefore died in the House Public Education Committee.

Other Legislative Victories:

·        ATPE supported changes to the A-F accountability system put in place for campuses last session (HB 22).

Rep. Dan Huberty (R-Kingwood), who chairs the House Public Education Committee, filed HB 22 to try to revamp the state’s unpopular A-F accountability grading system for schools and districts. A version of the bill approved by the House had broad support from the education community, but stakeholders were less enthusiastic about changes made to the bill in the Senate. Ultimately, the bill was referred to a conference committee to iron out an agreement, and HB 22 became one of the last bills passed by the 85th Legislature before the clock ran out on the regular session. HB 22 as finally passed collapses the five domains down to three, allows districts to add locally designed aspects of their accountability plans subject to approval by the Commissioner of Education, and pushes back the rollout of the A-F rating system for campuses to August 2019. ATPE successfully advocated to require the rulemaking process include input from teachers. While ATPE is still not a proponent of the A-F system and had argued for eliminating the overall summative grade for schools, we support these changes in the final compromise version of HB 22, which should give districts more leeway and educators an additional opportunity for local input into the design of their schools’ accountability systems.

·        ATPE bolstered efforts to prevent and punish cyberbullying – David’s Law, SB 179, by Sen. Jose Menendez (D-San Antonio).

Expanding on ATPE’s work in prior sessions to help curtail bullying of students, the act now known as David’s Law establishes criminal penalties for those engaged in acts of cyberbullying and requires schools to create secure channels for students to report cyberbullying. 

·        ATPE supported prohibiting the Texas Education Agency (TEA) from basing a school’s performance on the number of students in special education programs – SB 160 by Sen. Jose Rodriguez (D-El Paso).

ATPE supported legislators’ efforts to end the de facto 8.5 percent cap on schools enrolling students in special education services. This legislation prevents TEA from monitoring school performance based on the percentage of students they enroll in special education services. 

·       ATPE worked closely with lawmakers to address educator misconduct – SB 7 by Sen. Paul Bettencourt (R-Houston).

One of the first bills signed into law by Gov. Abbott this year, SB 7 aims to address the phenomenon sometimes called “passing the trash,” whereby educators accused of misconduct have been allowed to resign and find work in another school district thanks to lax reporting. Several amendments were added to the original version of this bill, including one to strip certain employees convicted of felony sexual offenses of their TRS pensions, amendments to add parental notification requirements, and an amendment that requires school job applicants to disclose any criminal charges or convictions in a pre-employment affidavit.

ATPE's 2016-17 State Officers

ATPE’s 2016-17 State Officers

Did lawmakers make the grade on updating the accountability system?

skd282694sdcDid lawmakers make the grade on updating the accountability system? You be the judge.

House Bill (HB) 22 by Representative Dan Huberty (R-Kingwood) is likely the most broadly impactful piece of education legislation passed this session. It represents a compromise that was crafted by a conference committee of 10 legislators after the House and Senate passed differing versions of the accountability bill. Over the next two years, HB 22 will affect every district, campus, and charter school. Below are questions and answers about how ATPE perceives this latest iteration of the accountability system will work.

Does HB 22 maintain an A-F accountability system?

Yes, despite parents, educators, administrators, board members, students, and a host of other advocacy groups expressing their concerns about moving forward with an A-F accountability system, the Senate, largely at the direction of the Lt Governor, made it clear that no bill eliminating A-F would be allowed to pass.

When does the new bill go into effect?

Having been passed by more than two thirds of each chamber, HB 22 will go into effect as soon as the governor signs it. However, not all portions of the bill are immediately applicable. Most of HB 22’s provisions will first begin to be implemented during the 2017-18 school year, including assignment of district-level A-F ratings.  Campus-level A-F ratings will not be assigned until the 2018-19 school year. However, the commissioner of education will produce a report that will include non-official campus level ratings using 2017-18 data to be turned into the legislature by Jan. 1, 2019.

Is the HB 22 accountability system based on STAAR test scores?

At least in part, yes. To what degree depends largely on how the commissioner writes the administrative rules to implement the new law. HB 22 certainly allows the commissioner to develop a system that is highly dependent on STAAR test data, particularly at the elementary and middle school levels.

What will the new domains be under the state accountability system?

HB 22 calls for a system with three state-level domains, down from five.  The domains include the following:

Student Achievement This domain includes students’ absolute performance on the STAAR test. For high schools, it also includes the following other factors: TSI, AP, and IB tests; completion of dual credit courses; military enlistment; earning an industry certification; being accepted into certain post-secondary industry certification programs; successful completion of a college prep course under TEC 28.014; “successfully [meeting] standards on a composite of indicators that through research indicates the student ’s preparation to enroll and succeed, without remediation, in an entry-level general education course for a baccalaureate degree or associate degree;” graduation rates; successful completion of an OnRamps™ dual enrollment course; and award of an associate’s degree.
School Progress This domain includes student growth as measured by the percentage of students who met the standard for improvement on the STAAR test and an evaluation of performance as compared to similar districts or campuses. It is unclear whether the “performance” being compared is exclusively STAAR performance or if it will be broader.
Closing the Gaps This domain measures the differences for various categories of sub-populations such as racial, socioeconomic, special education, low mobility, and high mobility students. The bill does not specify which differentiated data is too be used for this purpose. Will it be only STAAR data, or will other data be used as well? The statute is also silent on how the sub-populations will be compared. For example, will gaps be compared to similar districts, or will they be compared within individual districts over time to determine if the gaps are closing, widening, or staying about the same?

Note: there is nothing in the statute as changed by HB 22 that would preclude the commissioner from creating a state-level accountability system that evaluates elementary and middle school campuses entirely on different manipulations of STAAR data.

What is a local accountability system?

Under HB 22, a district may create locally developed accountability domains and may use those domains in addition to the domains required by TEA to award district and campus accountability ratings, including overall ratings. Local domains must be assigned an A-F rating, must be valid and reliable, and must be capable of being audited by a third party. The commissioner of education will write administrative rules on the use of local accountability plans, and TEA will have authority to review and approve those plans.

Districts choosing to use a local accountability system are responsible for producing district and campus report cards locally.

How will the summative or overall grade be calculated under the new accountability system?

Each of the three state-level domains will receive a letter grade. At least 30 percent of the summative grade must be based on domain three (Closing the Gaps). The better of the two grades for domain one (Student Achievement) and domain two (School Performance, a/k/a student growth) will make up the remaining calculation for the summative grade, up to 70%. There is an exception, however, if a district or campus receives an F grade on either domain one or domain two; in that case, the highest grade it can receive for that part of the calculation is a B.

In case it’s not immediately clear, much will depend on the commissioner’s rules to implement HB 22. If the commissioner goes with a breakdown of 30% and 70% as contemplated above, the effect will be that a higher grade in domain three can never bring a district’s or campus’ summative grade up a letter; by contrast, a lower grade in domain three would always bring a district’s or campus’ summative grade down a letter. #AintMathFun

If that’s not already complex enough, here is where it gets really tricky. If one or more districts choose to develop one or more local domains to add to their accountability system, the commissioner can, but does not have to, write rules that would allow for up to half of the overall performance rating for that district or campus to be based on the ratings of the local domain(s). That is unless the campus or district would receive a D or an F on the overall performance rating using only the state level domains. The statute is not really clear what overall performance rating the district or campus would receive under that scenario.

How do A-F ratings relate to acceptable and unacceptable performance?

There are several laws in the Texas Education Code that continue to reference either “acceptable” or “unacceptable” performance as triggers for various actions to occur. As opposed to changing all of those references throughout state law, legislators simply benchmarked the new A-F labels to the existing terms.

When A-F was first rolled out, the cut point between acceptable and unacceptable was between grades C and D. In the current accountability system as it exists prior to HB 22, improvement required (IR) constitutes unacceptable performance. IR correlates to an F, not a D, under the A-F system. Because of this, setting unacceptable performance at a D under the new system would represent an expansion of what the state considers unacceptable performance. This would result in spreading state resources for turning around struggling schools among a larger group of campuses and districts, which would take the focus off those with the greatest need for intervention. HB 22 has resolved this issue by resetting the unacceptable cut point at the F rating.

The new A-F labels will coordinate with previous labels as follows:

Acceptable level of performance

A

Exemplary Met Standard
Acceptable level of performance

B

Recognized Met Standard
Acceptable level of performance

C

Acceptable Met Standard
Acceptable level of performance

D

Needs Improvement* Met Standard
Unacceptable level of performance

F

Unacceptable Improvement Required

* This is a new label created by HB 22 that does not correspond to an older system.

What is the difference between a D and F grade under HB 22?

Before HB 22, there was little to no differentiation between getting a D or an F in terms of consequences. Under HB 22, getting a D will no longer trigger the immediate accountability sanctions associated with an unacceptable level of performance. However, there are some requirements attached to this next to lowest ranking.

Year 1 of a D rating in either a single domain or overall The Commissioner shall instruct the district’s board of trustees to develop a local district or campus improvement plan.
Years 2 and beyond with a D rating overall The Commissioner shall implement interventions and sanctions that apply to an unacceptable campus until the district or campus is ranked C or higher on the overall rating.
Years 2 and beyond with better than a D rating overall but a D rating in a single domain The Commissioner shall instruct the district’s board of trustees to develop a local district or campus improvement plan.


How will stakeholders be involved under the new law?

Through multiple, sometimes broad grants of rulemaking authority, the Commissioner has been given a massive amount of latitude in structuring how the new accountability system under HB 22 will actually work. Thanks to amendment language requested by ATPE, this authority will be balanced at least to some degree by a statutory requirement to involve a stakeholder group in those decisions. HB 22 requires that the group must include  school board members, administrators and teachers employed by school districts, parents of students enrolled in school districts, and other interested stakeholders.

 

Additional changes made by HB 22:

Public education grants and mandatory access to transfers

A student at a campus that receives an unacceptable rating in both the student achievement and school progress domains must be allowed to transfer to another campus in the district and will be eligible for public education grant (PEG) funding.

Extra- and co-curricular indicator study

The commissioner shall study the feasibility of including an indicator that accounts for extracurricular and co-curricular student activity. By the year 2022, the commissioner shall either incorporate the indicator into the accountability system or present a feasibility report to the legislature.

Adopting indicators and setting cut scores

The commissioner may adopt indicators for the accountability system or standards (cut scores) at any point during the school year prior to evaluation of the district or campus. In setting the cut score for all indicators yearly, the commissioner shall consult with educators, parents, and business and industry representatives. The standards are to be modified in a way that promotes continuous improvement in student achievement and closing education gaps.

Reporting

Each school year, the commissioner shall provide each school district a document in a simple, accessible format that explains the accountability performance measures, methods, and procedures.

Thanks to language requested by ATPE, the commissioner, in consultation with stakeholders, must also develop language for each domain that clearly describes the district and campus performance on the indicators used to determine those assigned performance ratings.

85th Texas Legislature adjourns sine die

Today the 85th Texas Legislature ended its 140-day regular session. While all legislative sessions provide the backdrop for intense political battles, this session seemed marked by more conflict than usual, especially among the leadership of the two chambers.Austin, Texas

On education issues, the House chose to focus its energy on fixing the state’s troubled school finance system and improving an unpopular accountability system. The Senate prioritized passing a private school voucher bill and legislation to regulate the use of school bathrooms by transgender individuals. In the end, only one of those four objectives made it beyond the finish line, with House Bill 22 becoming one of the very last bills approved this session and offering changes to the A-through-F accountability system.

The impasse between Lt. Gov. Dan Patrick and House Speaker Joe Straus spelled ultimate failure for some key sunset legislation to keep certain state agencies, including the Texas Medical Board, operational for two more years. That alone will necessitate the calling of a special session to keep our state’s doctors in business. Gov. Greg Abbott has indicated that he will make an announcement later this week about a special session.

The governor and lieutenant governor both waited until the final week of the session to declare that providing property tax relief and passing a bathroom bill would be treated as two “must pass” items before the regular session ended. But both chambers finished their work today without achieving either objective. The Senate dealt with the two issues by passing high-profile bills earlier this spring. The House offered alternative proposals on each issue, which the Senate rejected. The governor is facing tremendous pressure from conservatives to add both of these issues to any call for a special session. Lt. Gov. Patrick has already said that he will ask for many more of the Senate’s conservative priorities, including private school vouchers, to be added to any call for a special session. It’s unclear whether the governor will bow to that pressure and authorize a special session filled with hot-button ideological battles, or if he will direct lawmakers to focus only on legislation that is truly “must pass.”

Of course, school finance reform is one of the most obvious ways to address concerns about soaring property taxes. That was the approach taken by the House this session when it proposed a comprehensive rewrite of the state’s system for funding our public schools in legislation spearheaded by House Public Education Committee Chairman Dan Huberty. But the Senate largely refused to negotiate on the school finance bill, taking a hard-line stance in favor of vouchers. It is certainly possible that lawmakers will have another chance to discuss the complex issue of school funding in the near future.

Of the bills that did pass during the regular legislative session that ended today, HB 22 and another measure to keep the healthcare program for retired educators afloat for a couple more years are among few standouts for public education. Lawmakers also agreed to allow Individual Graduation Committees to exist for two more years, helping students graduate who otherwise would not. ATPE and other pro-public education groups successfully stopped all voucher legislation and the anti-educator bills to do away with payroll deduction for professional membership dues. The remainder of the bills that passed offer a mixed bag for public education.

Stay tuned to Teach the Vote this week for complete analysis from the ATPE lobby team on the entire legislative session and its anticipated impacts on public education. We will also bring you any news about special session plans when they are announced.

A-F reform: Will they or won’t they act?

House Bill (HB) 22 by Rep. Dan Huberty (R-Kingwood) has been filed to try to modify the state’s recently adopted “A through F” accountability system, which has been widely panned by parents, administrators, and teachers. It passed the House with broad support but underwent some fairly significant changes in the Senate. In its current form, the bill is eligible to cross the finish line in the legislature and head to the Governor’s desk this evening at 7:20 pm. However, there is some question as to whether or not Huberty, who chairs the House Public Education Committee, will accept the Senate’s version of his bill.

ThinkstockPhotos-478554066_F gradeAs the bill progressed this session, both chambers decreased the number of domains in the accountability system and increased what criteria can be considered within each domain. However, the House version of HB 22 was structured in a way to ensure more reliance on non-test-based measures than in the Senate’s version. Likewise, both versions of the bill created differentiation between a D and an F rating, but the Senate version places punitive measures on a D rating that the House version did not include; ostensibly, the House wanted the state, or the Texas Education Agency (TEA), to focus all of its limited resources on the most struggling schools. The Senate’s version of the bill would keep in place a largely unpopular requirement that schools and districts receive a summative or overall accountability grade, while the House version of HB 22 stopped at grading only the individual domains.

Chairman Huberty must decide if he will recommend that the House accept the Senate’s language through a motion to concur in Senate amendments to HB 22, or ask the House to reject the Senate’s version of his bill and appoint a conference committee to work on compromise language before time runs out. Under House rules, that decision must be made by midnight tonight. If no action is taken on the Senate amendments by midnight tonight, then the bill dies and the legislature loses its ability to make statutory changes to the current accountability system for two more years.

If Chairman Huberty chooses to send HB 22 to a conference committee to continue negotiating, that move will only buy the bill about 24 more hours of life at this late date in the session. A conference committee could allow Huberty and his House colleagues an opportunity to improve the bill, but a deal would have to be struck with the Senate conferees by midnight Saturday night; otherwise, further inaction would kill the bill. Should Chairman Huberty decide that HB 22 in its current form as passed by the Senate is better than no change at all, he can accept the Senate amendments and finally pass the bill tonight. Then, it would be up to Governor Abbott to either veto or sign the bill, or let it pass into law without a signature.

As it currently stands, HB 22 contains two amendments specifically added at ATPE’s request. One adds a teacher quality measure into the accountability system that would be based on criteria other than value-added measures of student performance via test scores. The other ATPE-requested change would require TEA to add additional explanations beyond merely a letter grade to describe how each school or district has performed in each domain. HB 22 also contains language about inclusion of a stakeholder group that ATPE requested, but the Senate’s version of the bill limits the role of that stakeholder group considerably compared to the preferred House language.

Stay tuned to Teach the Vote this weekend for updates and follow @TeachtheVote on Twitter for the latest developments.

Update: The House voted Friday afternoon to appoint a conference committee for HB 22.

Teach the Vote’s Week in Review: May 19, 2017

A recap of the week’s education-related news from ATPE Governmental Relations:

 


This week in the Texas capital we witnessed a tug-of-war between the state’s top legislative leaders as the end of the 85th legislative session looms.

Tomorrow, May 20, is the last day for Senate bills to make it out of House committees, and Lt. Gov. Dan Patrick (R) has been vocal in complaints about his conservative Senate priorities stalling in the more moderate House. At the same time, the Senate has held back on advancing an important sunset bill that would keep several state agencies in operation and has tacked controversial Senate-preferred amendments onto major House bills. A prime example is House Bill (HB) 21, the school finance bill that turned into a private school voucher measure when it came out of a Senate committee last week. That bill is slated for a Senate floor debate this weekend, and ATPE members are being urged to contact their lawmakers about the need to pass school finance reforms without vouchers.

Dollar banknotes heapThe impasse between the two chambers means that we’ve yet to see any details of a potential compromise on the state budget. That bill, Senate Bill (SB) 1, remains pending in a conference committee.

Earlier this week, Gov. Greg Abbott (R) told reporters that it was imperative for legislators to pass a property tax reform bill and a legislation regulating public bathrooms. Soon thereafter, Speaker of the House Rep. Joe Straus (R-San Antonio) sent a letter to Lt. Gov. Patrick Monday evening identifying a different pair of bills that must be passed this session in order to avoid the need for a special session: the budget, which lawmakers are constitutionally required to pass, and a sunset safety net bill that keeps several state agencies from being forced to shut down. As reported by The Texas Tribune, Straus also used the opportunity in his letter to urge the Senate to act on other House priorities, including some education concerns:

“We certainly understand that some bills that are passed in one chamber will not have the support to move forward in the other,” Straus wrote. “Still, as the House continues to pass priority Senate bills, I respectfully ask that the Senate also consider acting soon on issues that are priorities of the House, including public education, school accountability and testing reform, child protection, mental health, cybersecurity and preserving health insurance for retired teachers.”

In response to the Straus letter, Patrick called a press conference on Wednesday and reiterated that the bathroom bill and property tax bill, SB 2, were top priorities that must be addressed. Patrick indicated that the Senate would take no vote on the sunset bill until the House acted on those two priorities. Threatening a special session, which only the governor has power to call, Patrick added that he would ask for many more of the Senate’s conservative priorities, such as school vouchers, to be added to any such special session call. The lieutenant governor declined to answer any reporters’ questions.

Abbott stated after the press conference that there was no reason lawmakers couldn’t address his priorities during the regular session without the need for calling a special session. Straus issued a statement expressing “optimism” that the two chambers would “produce a reasonable and equitable compromise on the budget,” and noted that the property tax bill, SB 2, was on the House calendar and scheduled for debate. (Since then, SB 2 has experienced a number of delays and challenges, including a point of order that could defeat the bill on a technical rules violation.) While holding out hope for avoiding a special session, Straus also criticized the Senate in his written statement for endangering a school finance fix that would also provide property tax relief for homeowners:

“The House made a sincere effort to start fixing our school finance system, but the Senate is trying to derail that effort at the 11th hour,” Straus wrote in reference to HB 21. “The Senate is demanding that we provide far fewer resources for schools than the House approved and that we begin to subsidize private education – a concept that the members of the House overwhelmingly rejected in early April.”

The Senate has until Wednesday to hear most remaining House bills on second reading. It remains to be seen whether enough common ground will be found to avoid a special session. As we head into the last full week of the regular session, stay tuned to Teach the Vote and be sure to follow us on Twitter for the latest developments.

 


Drugs and MoneyA number of high-profile education bills are on the Senate’s calendar for floor debate. Today’s calendar includes HB 21 by Rep. Dan Huberty (R-Kingwood), the school finance bill referenced above to which the Senate has attached an educational savings account voucher provision and reduced funding for school districts. Also on tap for a likely vote today is Rep. Trent Ashby’s (R-Lufkin) bill dealing with TRS-Care, HB 3976. For more on the measure to change retired educators’ healthcare options, check out this comprehensive blog post from ATPE Lobbyist Monty Exter. Also, check out today’s blog post from ATPE Lobbyist Kate Kuhlmann with the latest on bills acted upon in the Senate this week.

 


Among the many measures still pending near the end of the legislative session are bills dealing with testing and accountability. House Public Education Committee Chairman Dan Huberty (R-Kingwood) has authored HB 22, a bill crafted with educator input aimed at improving the state’s A-F accountability rating system for schools. As approved by the House, the bill would condense the rated domains from five to three and eliminate the overall summative grade, deemed one of the most controversial aspects of the A-F system. This week, the Senate Education Committee heard HB 22, and Chairman Larry Taylor (R-Friendswood) opted to replace the bill’s language with his plan taken from another bill, SB 2051. As substituted, the bill does not provide nearly as much relief, prompting ATPE and other educator groups to voice concerns about it during the Thursday hearing. The committee also heard from Commissioner of Education Mike Morath about the bill. For more on that hearing, check out this blog post from ATPE Lobbyist Kate Kuhlmann, as well as related coverage from The Texas Tribune.

Another high-profile bill being closely watched by the education community is Sen. Kel Seliger’s (R-Amarillo) SB 463. That bill would extend the option for individual graduation committees (IGCs) to help college- and career-ready students unable to pass STAAR tests through 2019. Seliger, who authored the original law creating IGCs in 2015, hoped to make the statute permanent, but some groups that oppose the provision have insisted on a shorter time period. The House Public Education Committee advanced the bill this week, as reported by ATPE Lobbyist Mark Wiggins, but time is running short for the bill to be placed on a calendar for floor debate.

Both the House and Senate education committees will be holding formal meetings today during breaks from the floor action to vote on additional bills.

 


ATPE member Stephanie Stoebe testifies before the House Public Education Committee, May 18, 2017.

ATPE member Stephanie Stoebe testifies before the House Public Education Committee, May 18, 2017.

During a House Public Education Committee hearing on Thursday, Round Rock ATPE member Stephanie Stoebe was among several educators to testify against a bill that would water down educator preparation standards. SB 1278 by Sen. Larry Taylor (R-Friendswood) would prevent educator preparation programs from being held accountable for their candidates’ performance on certain educator certification exams in subjects deemed shortage areas, and the bill also allows individuals with five days’ experience working as a substitute teacher or teacher’s aide to count that work as required field experience rather than student teaching. The bill is being pushed by some of the state’s largest for-profit alternative certification providers.

Stoebe, a former Texas teacher of the year, testified about the importance of having properly trained teachers in classrooms that serve some of our most vulnerable populations. She urged the legislature not to roll back improvements made in rules by the State Board for Educator Certification this year to impose higher standards for educator preparation programs. ATPE also joined with a number of other educator groups in submitting a written statement in joint opposition to SB 1278.

Click here to watch video of the hearing (and view Stoebe’s testimony beginning at 1:26:11 on the archived video file). Also, view more details on the hearing in ATPE Lobbyist Mark Wiggins’s blog post here.

ThinkstockPhotos-487217874_breakingUPDATE: Just this afternoon, the House Public Education Committee held a formal meeting to take votes on some of the bills heard earlier this week. The committee voted against sending SB 1278 to the full House. Those voting against the bill were the committee’s vice-chairman, Rep. Diego Bernal, (D-San Antonio), plus Reps. Joe Deshotel (D-Beaumont), Ken King (R-Canadian), Linda Koop (R-Dallas), and Morgan Meyer (R-Dallas). Chairman Huberty voted for SB 1278, along with Reps. Dwayne Bohac (R-Houston), Lance Gooden (R-Terrell), and Gary VanDeaver (R-New Boston). The committee also voted down a trio of charter school bills: SB 1061, SB 1838, and SB 1883, plus SB 1886 that would have created an Inspector General’s office within the Texas Education Agency. Bills advanced by the committee today were Senate Bills 801, 825, 1177, 1553 (committee substitute), 1659, 2084, and 2141.

 


Senate committee advances House A-F bill with Senate language

The Senate Education Committee met today to hear a list of House bills that included HB 22, Chairman Dan Huberty’s (R-Humble) bill to fix issues that arose from the A-F campus rating system passed last legislative session. As it was heard in the Senate committee today, the bill was amended by Senate Education Chairman Larry Taylor (R-Friendswood) to substitute the language of his own A-F accountability bill, SB 2051.

Failing grade wrinkledATPE testified on the legislation as we did previously when SB 2051 was heard earlier this month. ATPE remains opposed to labeling schools and districts a letter grade of A, B, C, D, or F, because we recognize that doing so only serves to unnecessarily stigmatize the schools and students within them; many other states understand that too and have repealed their previously adopted systems accordingly. However, we recognize that the bills today seek to address problems with the underpinnings of the current accountability system.

ATPE testified on SB 2051 when it was heard in committee last month, and reiterated our input on the language again today. Our suggestions were focused on the addition of a teacher quality measure, inclusion of descriptive language to better communicate what scores under the domains mean, and differentiation between D and F rated schools, which are considered one and the same under current law. ATPE made it clear that a teacher quality measure should not be based on student standardized tests, which would only result in increased reliance on state testing and wouldn’t offer a very holistic picture of a campus or district since the majority of teachers don’t teach STAAR-tested subjects.

ATPE supported language in HB 22 as it made its way through and left the House. We hope much of the work done in that lower chamber will be included in a final bill. Stay tuned to Teach the Vote for more on action in the Senate Education Committee this busy legislative week.

Teach the Vote’s Week in Review: April 28, 2017

Here’s this week’s wrap-up of education news from the ATPE lobbyists:

 


ATPE lobbyist Monty Exter testifying before the House Public Education Committee, April 27, 2017.

ATPE Lobbyist Monty Exter testifying before the House Public Education Committee, April 27, 2017.

The House Committee on Public Education worked overnight and into the early hours this Friday morning hearing testimony on bills, including some aimed at funding private school voucher programs. Imminent end-of-session deadlines combined with a lengthy, high-profile floor debate this week on sanctuary cities resulted in late night hearings on many education bills. ATPE Lobbyist Mark Wiggins provided a comprehensive blog update on the Thursday proceedings at which the committee voted on 15 bills previously heard and took testimony on 26 additional bills.

Bills heard by the committee overnight included a version of the “Tim Tebow” bill to allow home-schooled students to participate in UIL activities, plus a pair of bills by Rep. Ron Simmons (R-Carrollton) aimed at using public education dollars to help students qualifying for special education receive private education or therapies. ATPE Lobbyist Monty Exter provided testimony on both bills, suggesting alternative ways to help ensure that students with special needs have access to appropriate services while maintaining accountability and the integrity of the public school system.

Wiggins_HPE_4-25-17

ATPE Lobbyist Mark Wiggins testifying before the House Public Education Committee, April 25, 2017.

With end-of-session deadlines looming, the House Public Education Committee packed in hearings of numerous bills this week. ATPE Lobbyist Mark Wiggins reported on the committee’s Tuesday meetings, which included discussions of Districts of Innovation and scheduling the school year, always a controversial subject. The committee also heard HB 1333 by Rep. Jason Isaac (R-Dripping Springs), aimed partially at reducing standardized testing in Texas. For more on the committee’s conversation about testing, read this piece by The Texas Tribune republished here on our blog, which also refers to testimony given by ATPE Lobbyist Monty Exter. ATPE’s Wiggins also testified in support of funding for high-quality pre-K programs during Tuesday’s hearing.

The House Public Education Committee also met briefly on Monday to take votes on additional bills heard earlier this session. As reported by ATPE’s Mark Wiggins, the committee approved bills to eliminate state tests for writing and social studies, allow children of military families to enroll full-time in the state’s virtual school network, and provide mentoring and professional development for new teachers. In a rare move, committee members also voted against a bill dealing with charter school liability and zoning laws.

The committee will meet again Tuesday, May 2, with another lengthy agenda of bills hoping to survive the May 8 deadline for House committees to favorably report out any House bills that may still be eligible for floor debate.

 


Kuhlmann_SenEd_04-27-17

ATPE Lobbyist Kate Kuhlmann testifying before the Senate Education Committee, April 27, 2017.

Over in the Texas Senate, proposals to change the state’s beleaguered “A through F” accountability system were in the spotlight. As ATPE Lobbyist Kate Kuhlmann reported yesterday on our blog, the Senate Education Committee heard bills this week by Chairman Larry Taylor (R-Friendswood) and Sen. Charles Perry (R-Lubbock), both aimed at redesigning the state accountability system to incorporate different indicators and calculations. Testifying on ATPE’s behalf, Kuhlmann urged the committee to consider integrating measures associated with teacher quality into the system but cautioned against the over-reliance on student test score data. Taylor’s SB 2051 and Perry’s SB 1173 were both left pending.

Also testifying before the Senate Education Committee was Commissioner of Education Mike Morath, who used the opportunity to promote the Texas Education Agency’s new Confidential Student Report (CSR). The revamped reporting tool for parents was rolled out by TEA this week. Morath and will soon be linked to a new CSR website with additional resources related to STAAR testing.

Meanwhile, the Texas House is preparing to debate another major bill dealing with A-F on the House floor next week. HB 22 by House Public Education Committee Chairman Dan Huberty (R-Kingwood) was approved by that committee on April 4, and is now scheduled on the House calendar for floor debate on Wednesday, May 3. Stay tuned to Teach the Vote for updates next week.

 


Yesterday, the Texas House approved a gradual phase-out of the business margins or franchise tax that generates revenue for public education. HB 28 by Rep. Dennis Bonnen (R-Angleton) passed the House on a 96-39 vote mostly along party lines. The bill would target the unpopular business tax for gradual elimination starting in 2019. For more on the bill, read this week’s coverage by The Texas Tribune. The measure will head next to the Senate for consideration, but even if it passes, it has no direct bearing on the budget currently being considered by the legislature the next two years.

17_web_Spotlight_AdvocacyCentral_1A conference committee appointed by both chambers to iron out differences in the House and Senate budget plans for SB 1 began its meetings earlier this week. ATPE encourages educators to contact members of the conference committee and urge them to send a budget compromise that adequately accommodates public education needs to the full legislature for swift approval. ATPE members can visit Advocacy Central to send messages to their lawmakers.

 


ThinkstockPhotos-481431733Stakeholders in the Teacher Retirement System (TRS) have a few more days left to cast a ballot for one of two open seats on the TRS Board of Trustees. Active members of TRS are invited to vote on a new at-large seat to be appointed by Gov. Greg Abbott based on the three highest vote-earners. Retired TRS members may vote on the at-large position, as well as a retiree position on the board. Voting closes on Friday, May 5, 2017. Learn more on the TRS website here.

 


 

Senate begins work on addressing A-F issues

ThinkstockPhotos-478554066_F gradeThe House is set to debate its bill aimed at fixing the public school accountability system next week. The bill addresses aspects of accountability that were altered last session by a law that applies a letter grade of A, B, C, D, or F to schools and districts. The new rating system is scheduled to go into effect next year, but following the release of preliminary results to districts, appetites for changes to the system have grown. Today the Senate Education Committee took up its bills to address fixes to the new system.

SB 2051 by Chairman Larry Taylor (R-Friendswood) takes a broad approach to addressing the accountability system, largely giving the commissioner authority to write the system through rulemaking. Chairman Taylor acknowledged the broad approach during his bill layout and asked stakeholders to offer their thoughts on addressing the system.

ATPE recommended a number of changes including more efforts within the bill to reduce the system’s overreliance on standardized tests, required stakeholder input as TEA writes rules developing or altering the system, and language to differentiate between a D and F rating, which are considered one in the same under current law. ATPE Lobbyist Kate Kuhlmann received agreement from committee members on ATPE’s recommendation to add a teacher quality measure to the system, a measure included under the House bill. Kate shared that inputs like average years of teaching experience, the percentage of teachers teaching within their field of certification, and teacher turnover rates can play a valuable role on ensuring qualified teachers are equitably spread across districts.

Commissioner Mike Morath shared information with committee members regarding the current A-F system and the state of public education in Texas. He emphasized TEA efforts to better inform parents and teachers on STAAR test results and other accountability outcomes. He shared that, for the first time, teachers and parents will be able to see how their students performed question by question on the STAAR exam and introduced a new accountability report card design. Senators questioned the overall value of STAAR exam results and highlighted the correlation between struggling schools and schools with high poverty rates. Senator Royce West (D-Dallas) again raised a concern shared by ATPE in opposition to the bill establishing the A-F rating system: the stigmatizing effect of labeling schools D and F is even more inappropriate when those D and F schools are full of the highest concentrations of low income and minority students.

Another issue that garnered significant discussion was the addition of a new layer to the accountability system: students considered to be continually enrolled (or in the district over a longer period of time) would be weighted heavier when calculating the campus and district accountability score than those that are considered mobile or transient. The idea behind the change is that campuses and districts should be held more heavily accountable for those students because they are a truer reflection of the success of a campus or district. Others, however, expressed concerned that weighting students differently in the accountability system could result in some students receiving less support, and, in this case, potentially those students that need the most support.

The bill would remove the inclusion of chronic absenteeism as an indicator for elementary and middle schools. ATPE agrees with many stakeholders that such an indicator is a flawed approach for a number of reasons, some of which can be read in our testimony on SB 1173, another A-F bill heard today that seeks to only address the absenteeism indicator. The bill, filed by Senator Charles Perry (R-Lubbock), would omit the indicator but redistribute all of the 35% weight currently dedicated to the measure to portions of the accountability system that all utilize STAAR data to measure success. ATPE highlights our concerns with this unintended consequence of increasing reliance on standardized tests in our testimony linked above.

The committee heard a number of additional bills, which can be found on the full agenda. Among the bills advanced to the Senate floor today was SB 1294 by Senator Dawn Buckingham. ATPE strongly supports the legislation aimed at fostering inclusive consultation through certain district decision making and planning processes.

House committee advances A-F improvements

The House Public Education Committee met Tuesday to hear a number of bills, including those dealing with special education, and to advance a key piece of legislation relating to accountability.

House Public Education Committee meeting April 4, 2017.

House Public Education Committee meeting April 4, 2017.

During a break in testimony Tuesday afternoon, Chairman Dan Huberty (R-Houston) introduced a committee substitute to HB 22, which would modify the “A through F” accountability system. As filed, the bill would collapse the five domains down to three and eliminate the overall, or “summative,” rating for districts and schools.

Chairman Huberty explained the committee substitute would clarify that indicators must be based on disaggregated information and include indicators reflecting access to resources, size and socioeconomics. The substitute would also incorporate policies advocated by ATPE, including a requirement that stakeholders, including teachers, should be involved in the process. ATPE has also advocated for restricting the use of standardized test results and other value-added measures (VAM) for the purposes of evaluating educator performance. The substitute would cap VAM at 25 percent of the educator performance score.

The committee unanimously approved HB 22, along with the following bills:

  • HB 481, which would prohibit TEA from collecting over-allocated state funds after seven years if they resulted from statutory changes.
  • HB 852, which would remove the cap on the number of individuals who can enroll in the adult high school and industry certification charter school pilot program.
  • HB 972, which would make it more difficult for districts to assign students to an uncertified teacher.
  • HB 1560, which would remove an obsolete reference regarding open-enrollment charter schools from the statute outlining the powers of the State Board of Education (SBOE).
  • HB 2611, which would allow districts to list property with a realtor using a multiple-listing service for 30 days.
  • HB 2649, which would require the governing bodies of charter schools to hold open meetings in the county in which the school is located and subject to the same requirements as regular government bodies.
  • HB 3722, which would modify the funding formula for districts to which an academically unacceptable school district is annexed.
  • HB 1669, which would allow the Texas Education Agency (TEA) commissioner to charge legal fees to parents who the commissioner deems have filed a “frivolous” lawsuit.

Also of note, the committee considered HB 713 by state Rep. Gene Wu (D-Houston), which would end the de facto “cap” on special education enrollment unveiled by the Houston Chronicle. Specifically, it would prohibit any performance indicator based on the total number or percentage of students enrolled in special education. As the Chronicle reported, an arbitrary 8.5 percent target monitored by TEA resulted in schools inappropriately denying special education services to thousands of children. Although TEA indicated that it will no longer use this information as a performance indicator, Rep. Wu explained HB 713 would prevent the agency from resuming the practice in the future. ATPE supports this bill.

The hearing began Tuesday morning with HB 1886 by state Rep. Rick Miller (R-Sugar Land), which would specify that appropriate dyslexia screening or testing should be done upon enrollment in kindergarten and at the end of first grade. It would require the TEA designate a dyslexia specialist to provide districts with support and resources, and identify both in-person and online training opportunities. According to the fiscal note, the bill would likely require TEA hire an additional full-time equivalent at a cost of roughly $107,000 per year.

HB 2205 by state Rep. John Kuempel (R-Seguin) would require school employees to report suspected cases of child abuse or neglect to local law enforcement, as well as the Department of Family and Protective Services (DFPS). Kuempel argued that too much time may pass between the time a report is filed and DFPS notifies law enforcement of a potentially dangerous situation. In some cases, DFPS has waited up to 72 hours before notifying police.

ATPE lobbyist Mark Wiggins testified neutrally on the bill. Highlighting the paramount importance of child safety both to educators and police, Wiggins pointed out that the current law orders DFPS to immediately inform local law enforcement. It’s hard to justify calling 72 hours “immediate,” as required by law. Before duplicating efforts, ATPE suggested that addressing the issue within DFPS may be the correct starting point for ensuring that current law is followed and no children are left in potentially dangerous situations.

HB 743 by state Rep. Jessica Farrar (D-Houston) would allow a social worker to provide services to students and families in a school district, collaborating with school administrators in order to enhance students’ learning environments. ATPE supports this bill.

HB 1720 by state Rep. Larry Phillips (R-Sherman) would require schools to provide parental notice if a child is found with lice. Furthermore, school officials would be required to notify the parents of every child in the same classroom as a student found with lice. The bill specifies that the child’s identity would be held confidential and not revealed to other parents.

ATPE lobbyist Mark Wiggins testified neutrally on HB 1720, noting that some teachers have expressed frustration that some school districts prohibit teachers from notifying other parents when a child is found with lice, resulting in recurring outbreaks. ATPE suggested the bill could be improved by granting individual teachers the right to notify other parents if they determine such action is appropriate.

HB 1556 by state Rep. Mary González (D-El Paso) would require training for foster parents of a child with disabilities before making educational decisions on the child’s behalf. The bill would separate the legal definitions of foster parents and surrogate parents for the purposes of educational decision making. Social workers testified that oftentimes, the law is unclear as to who makes the educational decisions for foster children in certain situations. According to the fiscal note, local districts could find it necessary to invest roughly $230,000 to develop training and $25,000 in subsequent years to maintain and update the training.

HB 1076 by state Rep. Tom Oliverson (R-Cypress) would revisit the timing of mandatory spinal screenings. While current law requires screenings in grades 6 and 9, HB 1076 would instead order the executive commissioner of the Texas Health and Human Services Commission (HHSC) to designate the appropriate ages for screening based on the latest scientific research.

HB 1583 by state Rep. Philip Cortez (D-San Antonio) would extend epinephrine auto-injector regulations, privileges, grant eligibility and immunity from liability to private schools. The bill would also add private school nurses to the list of positions eligible to serve on the epinephrine auto-injector advisory council.

HB 2395 by state Rep. Nicole Collier (D-Fort Worth) would order each district and charter to test their water for lead using a third-party testing service. If too much lead is found, the bill would require schools to provide safe water until lead levels are returned to acceptable parameters. According to the fiscal note, the Texas Association of School Business Officials (TASBO) estimated the cost of lead testing to be between $2,000 and $3,000 per building. TEA estimated the statewide cost at approximately $22 million per year, not including remediation.

HB 2130 by state Rep. Kevin Roberts (R-Houston) would order a study on the impact of the statewide assessment program on students in special education. The study would be required to address whether the administration of alternate assessments complies with ESSA and whether state-required assessments provide accurate and helpful information. Many disability advocates argued that current assessments aren’t necessarily appropriate for children with some disabilities. According to the fiscal note, the study would cost the state approximately $230,000. TEA staff testified the study could be paid for out of federal funds. ATPE supports this bill.

HB 1342 by state Rep. Tan Parker (R-Flower Mound) would require elementary and high school students to receive mandatory annual sex abuse training “to promote self-protection, prevent sexual abuse of children, and reduce child pregnancy.” Rep. Parker cited alarming statistics concerning sexual abuse of children, arguing children should be trained how to identify and handle assault.

HB 1033 by state Rep. DeWayne Burns (R-Cleburne) would require the TEA to petition for a waiver of the annual alternative assessment of students with significant cognitive disabilities required under the federal Every Student Succeeds Act (ESSA). Rep. Burns suggested that individual admission, review and dismissal (ARD) committees should be empowered to determine which tests, if any, are appropriate. ATPE supports this bill.

HB 23 by Chairman Huberty would create a five-year grant program to provide money for districts and charters that provide innovative services to students with autism.  The total number of eligible school programs would be capped at ten, giving priority to collaborations between multiple districts and charters. Funds would be capped at $20 million total, and $1 million for each individual program. According to the fiscal note, HB would cost the state $258,000 through 2019 and $10.1 million each following year. Chairman Huberty argued the pilot program would help drive innovation in a much-needed area of education. ATPE supports this bill.

HB 2623 by state Rep. Alma Allen (D-Houston) would require schools to create a personalized transition program for students returning after missing 30 instructional days or more because of placement in a juvenile center or hospital care. According to the fiscal note, districts may find it necessary to hire an additional counselor at an average annual salary of $63,000. Rep. Allen explained this is needed to help ensure that students who have been away from a public education setting for an extended period are able to be successfully reintegrated. ATPE supports this bill.

HB 194 by Vice-Chairman Diego Bernal (D-San Antonio) would require the State Board of Education (SBOE) to create a special education endorsement. Vice-Chairman Bernal suggested the bill would rectify an oversight that has resulted in some special education students being unable to earn the endorsements needed to graduate.

HB 3439 by state Rep. Linda Koop (R-Dallas) would allow school districts to contract with a charter to operate a district campus and share teachers, facilities or resources. Such schools would be entitled to the greater of the funding per weighted average daily attendance (WADA) entitled to the district or the charter. Although the fiscal note projects no state expense through 2019, the program would cost the state $33.3 million in 2020, $44.4 million in 2021 and $55.5 million in 2022.

ATPE lobbyist Mark Wiggins testified against HB 3439, pointing out concerns regarding students and educators. Even though students in each attendance zone would be given preference, the new charter campus would still be allowed to cap enrollment and potentially exclude students who would otherwise be entitled to go to that school. Furthermore, the legislation is unclear as to whether district teachers could be transferred to the charter and lose the rights and protections of district employees.

The bill would also allow low-performing charters to take over campus management. Currently, charters rated “C” or “D” on the “A through F” accountability system could participate, and as a result, would benefit from a one-year pause in their accountability ratings. This provides an incentive for poorly-performing charters to partner with poorly-performing districts in order to enjoy an accountability holiday. ATPE suggests confining participation to charters with “A” or “B” ratings.

HB 2442 by state Rep. Ken King (R-Canadian) would change “minutes of instruction” to “minutes of operation” for the purposes of determining the length of each school day. The TEA commissioner would determine how many minutes of operation are equivalent to a day of instruction. Instruction time would include recess and meals. The bill would also repeal the minimum length of the school day.

ATPE lobbyist Monty Exter testified in support of HB 2442, pointing out that the bill helps clarify the length of half-day pre-kindergarten for funding purposes.

HB 3157 by state Rep. Dennis Bonnen (R-Angleton) would modify eye exam rules to allow students to be screened using photoscreening. Advocates argued photoscreening is a more accurate and efficient method for detecting eye problems than eye charts, but school policies don’t always allow them.

Before concluding, Chairman Huberty suggested there could be a formal meeting later this week in order to advance additional bills pending in the committee.